Article 50 Article 50 to Trigger Brexit to be Challenged in High Court
Preparations are being made to legally challenge the government’s right to begin Brexit without the approval of the parliament. The high court will calculate if the minister can invoke the Article 50 of the Lisbon Treaty, initiate a formal talk without the need of the MPs passing a new law. Reports say that the ministers were trying to ‘bypass Parliament’ by not offering a vote.
On the other hand critics have observed that that is a blank attempt to snatch the referendum through another medium. However, the ministers have opined that they are entitled to act under the powers of the Royal Prerogative. The Prime Minister Theresa May has assured that she will activate the Article 50 and formally notify the European Union that will indicate UK’s intensions to leave the EU by the end of March 2017.
The 27 members of the European Union have said that negotiations in terms of the UK’s exit in last two years cannot begin until the Article 50 is initiated. The Judicial review is expected to be completed on October 17, 2016 and will be heard by the Lord Chief Justice of England and Wales, Lord Thomas. According to today’s constitution the Royal Prerogative is a collection of executive powers that are held by the crown.
They are today placed at the hands of the ministers and are used in some areas of foreign affairs that the Parliament has left to the government. Still the prerogative powers remain controversial as they are exercised without the parliamentary authority. People bringing the case have argued that the legislation can only be changed by a legislation. For now the government has not determined on giving the MPs a vote on the final settlement with the EU. It has also been announced that any appeal in the case will be fast-tracked to the Supreme Court to ensure the final judgment before 2016 ends.
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